Chapter 4: Constitutions
(F) Day of the week: Thursday Class: IS307 Created Time: April 22, 2021 10:02 AM Database: Class Notes Database Date: April 22, 2021 10:02 AM Days Till Date: Passed Last Edited Time: August 8, 2021 10:10 PM Type: Lecture, Reading Notes
Almost every state have a constitution
What is constitution?
Constitution is a set of fundamental laws that determines the shape and form of the political structure.
It defines the central institutions and offices, and powers and duties of the state.
It attempts to create Checks and Balances: balance power between governmental branches (no small group can have too much power)
Why do we need constitution?
We need to have it because constitutions are also the rules of the political game
- who can vote
- who can stand for office
- what powers they are to have
- the rights and duties of citizens and so on.
Without these basic rules politics would degenerate into
- arbitrariness
- brute force
- anarchy.
If the rules work well, we tend to take them for granted and concentrate on the day-to-day game of politics, just as we take the rules of our favorite sport for granted and concentrate on today’s match.
Nonetheless, constitutions are important because they have a profound influence over how the game of politics is played, and therefore over the outcome of the game – who gets what, and when?
What are the 4 main features of constitutions?
Fundamental Laws: is meta-rules “The rule to make rules”
- take priority over all other rules
- define how other rules should be made
- Constitutional: serving the good of the people
Entrenched Status: the special legal status that constitution, under the right strict condition, can be changed
- Requires super majority support from legislators
Codified Document: the constitution is written in single document
- systematic use, clear and objective
Allocation of Powers: Constitution defines structure of government
outline proper relations between
- institutions and offices of the state
- government and citizens
What are 7 principles of democratic constitution?
- Rule of Law: if anyone abuse constitution they are removed
- Transfer of Power: peaceful opposition and transition between elections
- Separation of power and checks and balances: specify functions and power of each branch of government. Balance power between them
- Relations government citizen: protect citizens and limited gov power
- Locus of sovereignty: constitution state clearly who have authoritative power to reflect will of people
- Government accountability: vote of no confidence to remove government, responsible for their actions
- Final Arbiter: constitution state who has authoritative power to interpret the constitution
Why separate powers?
constitution attempts to create government that is
- Limited
- Accountable to citizen
- Responsive to citizens
How to separate power?
By dividing between
What is Executive branch?
Executive Branch: power of government/head of state
- decision-making
- implementation of legislation
- coordination (coordinate the government?)
Presidential system: can have veto power against legislature
What is Legislative branch?
Legislative Branch: law-making branch and over see performance of government
- discuss and pass legislations
- give green lights to executive body (balance)
- can be formed by unicameral and bicameral
| What are the two forms of Bicameralism?
Weak Bicameral: one weaker and one stronger house creates another layer of checks and balance
- Lower house: stronger, directly elected by citizens to initiate legislation and control finances
- Upper house: senate is to amend or delay legislations
Strong Bicameral: equal power houses that create conflicts and deadlock
- less used and usually fails
What is Judicial branch?
Judicial Branch: interpret actions by executive and legislative whether they are constitutional or not
politicians should not be the final judge of how constitution should be interpreted as they could Manipulate matters to their own interest
Judges on constitutional matters are:
- independent: protected from political interference and temptations of corruption
- life long position not feared of job security
- incorruptible source of experience and wisdom
What is Judicial Review
Judicial Review: judges act in broad roles in government as most political actions can create legal issues. Because
Why judges roles are expanding:
- increasing number of legislation and government actions
- increasing complexity of government machinery
- emphasis on rule of laws and rights of citizens
- willingness to use courts and means of resolving conflict
- politicians pass difficult political issues to courts
Why is judicial review rejected?
2 reasons democratic states reject judicial review:
- can’t guarantee non-biasness from judges either consciously or unconsciously
Ombudsman: grievance officer to hear appeals of citizens if they feel wrongly treated by public bodies.